Divorce

Can a Spouse Really Take Everything in a Divorce?

If your spouse has threatened to divorce you and leave you with nothing, you’re likely feeling panicked, angry, and powerless. These threats can shake you to your core, especially during an already stressful time. But you have rights.

Illinois law provides strong protections for both spouses during divorce proceedings. The legal system doesn’t allow one person to simply walk away with everything, regardless of what your spouse might claim. At SLG Family Law, we’ve supported countless clients through exactly this kind of fear, helping them understand their true legal position and secure what they’re rightfully owed.

Why These Threats Are So Common During Divorce

Intimidating statements about “taking everything” are unfortunately common tactics used during divorce proceedings. These threats often stem from several motivations:

Power and control. When one spouse feels they’re losing control over the relationship, they may resort to financial intimidation to maintain leverage. Making you believe you’ll end up with nothing is a way to keep you compliant or discourage you from pursuing divorce altogether.

Emotional vulnerability. Divorce leaves people feeling raw and uncertain. When you’re already strung out due to the legal process, threats about your financial future can feel more real and frightening than they actually are.

Misinformation or cruelty. Sometimes these statements come from a genuine misunderstanding of divorce law. Other times, they’re deliberately cruel attempts to cause emotional harm during an already difficult period.

Can They Actually Take Everything? No. Here’s Why.

Illinois follows what’s called the “equitable distribution” system. This means assets are divided fairly, not necessarily 50/50, but certainly not 100/0 in favor of your spouse.

Property acquired during marriage is marital property. Homes, bank accounts, retirement funds, debts, and other assets obtained during your marriage are generally subject to division between both spouses. The court will consider multiple factors when making these decisions, including each person’s contributions, financial needs, the length of the marriage, and their health status.

Non-marital property receives protection. Certain assets may remain with their original owners, such as inheritances received by one spouse or property owned before the marriage.

Judges make fair decisions, not emotional ones. A judge will consider the facts and circumstances of your specific case, not just what your spouse wants or demands.

What You Should Do If You’ve Been Threatened

Stay calm, but don’t ignore the situation. While these threats may be legally unfounded, they indicate that you require professional guidance to safeguard your interests.

Document everything carefully. Keep records of texts, emails, voicemails, or written communications where your spouse has made these threats. This documentation may become important evidence.

Speak to an attorney immediately. This isn’t just about responding to intimidation; it’s about protecting your rights before any damage occurs. Early legal intervention can prevent problems and give you confidence in your position.

Avoid rushed agreements. Don’t let fear push you into accepting unfavorable settlements just to keep the peace. You have legal rights that deserve protection.

What You Shouldn’t Do in Response

Don’t retaliate with your own threats. This escalates conflict and could harm your case later.

Don’t hide assets or try to “even the score.” These actions can seriously damage your credibility with the court.

Don’t assume your spouse knows what they’re talking about legally. Intimidating statements rarely reflect actual legal reality.

Let SLG Family Law Help Level the Playing Field

An experienced attorney can assess your complete marital estate, explain your actual rights under Illinois law, and develop strategies to counter intimidation tactics. Our team has helped numerous clients stand firm against these threats while securing fair outcomes.

If your spouse is trying to bully you into giving up everything you’re entitled to, it’s time to fight back with facts and experienced legal representation. Contact SLG Family Law today to speak with a skilled Illinois divorce attorney who can help you take the next step forward with confidence.